In an oral order, the Patna High Court granted bail to the appellant in a £392 IPC snatching case. The court allowed release on a £10,000 bond with two sureties, subject to standard conditions regarding trial cooperation and no tampering with evidence or witnesses.
Petitioner released on bail on £10,000 bond with two sureties of similar amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14799 of 2022
Arising Out of PS. Case No.-226 Year-2019 Thana- HARSIDHI District- East Champaran
======================================================
Kailash Sahani Son Of Dina Sahani @ Dina Chaudhari R/O VillageRaghunathpur, P.S.- Raghunathpur (O.P.), District- East Champaran At Motihari
... ... Petitioner/s
Versus
THE STATE OF BIHAR
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Rajesh Kumar,Advocate For the Opposite Party/s : Mr.Navin Kumar Pandey,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2 11-07-2022
Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.
Heard learned counsel for the petitioner and learned APP for the State.
Petitioner seeks bail in a case registered for the offence punishable under Section 392 of the IPC.
Some unknown persons are alleged to have snatched the bag of the informant.
Learned counsel appearing for the petitioner submits that in fact the petitioner is not named in the FIR. The name of the petitioner has been transpired on the basis of the confessional statement of co-accused, namely, Nand Kishor
Patna High Court CR. MISC. No.14799 of 2022(2) dt.11-07-2022 2/3
Sahani. He further submits that nothing has been recovered from conscious possession of the petitioner and till date no TIP has been conducted by the prosecution and the co-accused namely, Nand Kishor Sahani has been granted bail by a Coordinate Bench of this Hon’ble Court vide order dated 20.03.2020 passed in Cr. Misc. No. 1794 of 2020 and the petitioner is in custody since 08.06.2021.
Learned A.P.P. for the State has opposed the prayer for bail of the petitioner and submits that the petitioner carries six more cases other than the present one.
Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Harsidhi P.S. Case No.226 of 2019, with the following conditions:-
(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.
(2) If the petitioner tampers with the evidence or the
Patna High Court CR. MISC. No.14799 of 2022(2) dt.11-07-2022 3/3
witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail on the grounds that he is not named in the FIR, has no evidence against him, and a co-accused has already been granted bail.
1 provisions across 1 enactments
Kailash Sahani
The State of Bihar
Rajesh Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
